Tallahassee, FL asked in Real Estate Law

Q: i have a fence in my yard that has been there since 1986 (at least, it is listed in the survey from then) now, the hous

has sold and the new owners say that from the original agreement of the property owners in 1928 (a shared driveway agreement) that i now must move this fence and give them accesss to six feet of property at the end of the driveway where there is now a garden. the property was divided up this way when i bought it in 2008... (ie, with this fence in place and my house having access to this peice of land...not the occupants of the adjoining property) does this person have the right to ask me to move our shared fence over (after 35 years of having that fence there) and use that land?

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Anthony M. Avery
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Answered

A: I have no idea what State you are in and thus, have no idea what SOL's control. However it sounds like all adjoining landowners have acquiesced to the fence being the boundary line for many years, and it is the legal, tangible, de facto boundary irregardless of the legal descriptions of the tracts. Adverse Possession and Paid Taxes may have also bestowed ownership of the parcel on you. It would be prudent to hire an attorney to search both titles and give his opinion about the boundary. But unless the others destroy the fence, block your access, etc., let them file the expensive declaratory suit which they will probably lose when your attorney defends your property rights.

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